Case law

Weinberg v. Atlas Air Worldwide Holdings, Inc.

216 F.R.D. 248 · District Court, S.D. New York · May 19, 2003

Clearly Messner’s loss is the most substantial in general, but Weinberg’s argument that he should be Lead Plaintiff, or co-Lead Plaintiff because he has the greatest losses based on the Securities Act violations will be addressed … Having reviewed the resume of the firm of Schiffrin & Barroway, we find it qualified to represent the class members in this securities class action.

Juan Carlos Bardales v. Consulate General of Peru in New York

District Court, S.D. New York · Sep 28, 2020

They argue that the Consulate is immune from suit under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602–11, and that no statutory exception to this immunity applies. … Accordingly, Merino is entitled to immunity. V.

Nova Information Systems, Inc. v. Premier Operations, Ltd. (In Re Premier Operations)

290 B.R. 33 · District Court, S.D. New York · Mar 7, 2003

By Order entered on December 20, 2001, the Bankruptcy Court established a deadline of January 25, 2002 (the “Claims Bar Date”) by which Premier’s creditors could file written proofs of claims. … For the foregoing reasons, the Court finds that the Amended Notice filed here clearly manifests that NOVA took timely steps to give sufficient notice of the filing of an appeal.

Morris v. Trump

District Court, S.D. New York · Jun 1, 2021

New York law also establishes by statute circumstances in which the limitations period may be tolled. See, e.g., N.Y. … I have established a PACER account; 3.

Snyder v. J. G. White Engineering Corp.

60 F. Supp. 789 · District Court, S.D. New York · Jun 5, 1945

It has not qualified to do business in New York. It has not designated anyone to accept service of process in New York. None of its officers or directors resides in New York. … Thomson, 2 Cir., 1944, 141 F.2d 72 , the facts were too clearly in favor of a finding that the foreign corporation was doing business within the state to require further consideration of the doubts raised by Judge Hand in

Harvey v. Permanent Mission of The Republic of Sierra Leone to the United Nations

District Court, S.D. New York · Jul 1, 2022

The complaint clearly refers to numerous issues with and claims arising out of the physical renovations of the Mission, which, as in Napolitano, are commercial activities. 1998 WL 102789, at *4. … It need not be established that the violation was willful.” Paramedics Electromedicina Comercial, Ltda v. GE Med. Sys. Info.

Associated Press v. United States Department of Defense

410 F. Supp. 2d 147 · District Court, S.D. New York · Jan 23, 2006

The relevant legal standards are well established. … of Press, 489 U.S. at 776-77 , 109 S.Ct. 1468 . 4 .For this reason, the Court finds it unnecessary to reach the numerous other issues raised by the respective parties, such as, e.g., whether the transcripts here in issue qualify

Dantzig v. Scarpino

District Court, S.D. New York · Mar 16, 2021

“[G]overnment officials and private actors deemed to be engaged in state action are not entitled to the protections of Monell and local governments are not entitled to qualified immunity.” Herrera v. Santa Fe Pub. … I have established a PACER account; 3.

Iddriss

District Court, S.D. New York · Feb 18, 2026

App’x 301, 302 (2d Cir. 2005) (to invoke out-of-possession immunity, the owner must have “completely parted control of the building”) (quoting Bonifacio v. 910-930 Southern Blvd. … In addition, as Diep admitted and the Lease clearly establishes, Hong Diep had the control obligation to make repairs and to maintain the Premises. Dkt. No. 63-8 §§ 10.3, 17.1.

Nasrany v. The General Consulate of Kuwait in New York City

District Court, S.D. New York · Dec 6, 2024

Miller, Federal Practice and Procedure § 1083 (4th ed. 2016) (“[T]he party on whose behalf service of process is made has the burden of establishing its validity.”). A. … However, the only convention relevant to this case is the VCCR, as the Consulate qualifies as a “consular post” rather than a “diplomatic mission.”

Lapin v. Goldman Sachs & Co.

254 F.R.D. 168 · District Court, S.D. New York · Sep 15, 2008

In addition, Plaintiff has shown that there were hundreds and even thousands of record holders of GS stock in or around 2000 through 2002, clearly surpassing the 40 possible plaintiffs necessary for the presumption. … Plaintiff contends that this class action qualifies under Rule 23(b)(3).

Mid-Hudson Legal Services v. G & U, INC.

465 F. Supp. 261 · District Court, S.D. New York · Nov 16, 1978

Substantively, the questioned ordinance was so clearly unconstitutional that the Court found it to ‘run riot in violation of First Amendment rights of freedom of press and speech.’ … ’ fees: 15,737.50 (3) Establishing quanturn: 6,115.00 Total: $31,945.00 IV.

Cowan v. City of Mount Vernon

95 F. Supp. 3d 624 · District Court, S.D. New York · Mar 27, 2015

State Univ. of N.Y., 704 F.Supp.2d 202, 227 (E.D.N.Y.2010) (“It is clearly established that informal complaints to supervisors constitute protected activity under Title VII.” (internal quotation marks omitted)). … These informal complaints, which were clearly about Miller’s sexual harassment, constitute protected activity.

In Re Emergency Beacon Corp.

84 B.R. 329 · District Court, S.D. New York · Feb 4, 1988

Barr was appointed and duly qualified as Trustee-in-Bankruptcy. … The Bankruptcy Court clearly had the power to confirm the Plan; consequently, the order cannot be void, even if in error.

United States ex rel. Von Kleczkowski v. Watkins

71 F. Supp. 429 · District Court, S.D. New York · Apr 22, 1947

I see no reason why an enemy alien who qualifies under the deportation statute and the Alien Enemy Act . may not be subjected to deportation or removal as the Attorney General elects. … There is nothing in the internment which immunized the relators against deportation. V. The Right of Asylum.

American Federated Title Corp. v. GFI Management Services, Inc.

126 F. Supp. 3d 388 · District Court, S.D. New York · Aug 28, 2015

During trial, however, AFTC failed to establish — again, even under the preponderance standard — that any management fee payment satisfied an obligation that qualified as antecedent under DCL §§ 273 or 273-a. … But it is the particular obligation satisfied, and not the underlying agreement, that must qualify as "antecedent” under DCL §§ 273 and 273-a.

Elsroth v. Consolidated Edison Co. of NY

10 F. Supp. 2d 427 · District Court, S.D. New York · Jul 17, 1998

If that were true, irreparable harm would obviously have been shown, but the record clearly establishes that it is not. In fact, Dr. Ahmed himself admits that, if Ms. … To mitigate the potential damage to the patient's immune system, doctors extract or “harvest” some of the patients stem cells prior to administering HDC.

Pollis v. New School for Social Research

829 F. Supp. 584 · District Court, S.D. New York · Jul 21, 1993

These protestations do not rise to the level of establishing a triable issue of material fact. … Each of those hypothetical professors, the argument runs, is immune under the ADEA from rejection on the ground of age, at least in the absence of a BFOQ.

Nippon Elec. Glass Co., Ltd. v. Sheldon

539 F. Supp. 542 · District Court, S.D. New York · May 21, 1982

Sheldon’s apparatus, to qualify for a patent, must also be “novel[.]” … The third requirement established by the John Deere rule is determination of the “level of ordinary skill in the pertinent art.” 383 U.S. at 18 .

Cordero v. The Secretary of Health and Human Services

District Court, S.D. New York · May 5, 2025

Moreover, it is well established that, in civil cases, the merits of an appeal can be considered in determining whether a party is entitled to proceed in forma pauperis. United States v. … Chen Qualified Settlement Fund, 552 F.3d 218, 227 (2d Cir. 2009); see also_Liteky v.